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Can a new judge be requested in a family law sitting?

  • 29-12-2017 9:43am
    #1
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭


    Hypothetical

    I know in criminal cases if there's a conflict of interest a new judge can be requested to preside over the court case.

    Can the same be done in family court?

    Say if the judge had been seen in public giving one of the people involved legal advice or were directly related to them etc?


Comments

  • #2
    endacl
    Registered Users, Registered Users 2 Posts: 22,407 ✭✭✭✭endacl


    How ‘would’ one, surely?

    Hypothetically.


  • #3
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,989 ✭✭✭✭Peregrinus


    In any case, a judge who is related to, or has previously advised, one of the parties, or otherwise has a personal interest in or connection to the subject of the dispute, should decline to hear the matter without either side asking him. If he doesn't, they can ask him and he will usually accede. But this should happen at the very start, so that time is not wasted, and costs run up, on proceedings that have to be aborted and recommenced.


  • #4
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Peregrinus wrote: »
    In any case, a judge who is related to, or has previously advised, one of the parties, or otherwise has a personal interest in or connection to the subject of the dispute, should decline to hear the matter without either side asking him. If he doesn't, they can ask him and he will usually accede. But this should happen at the very start, so that time is not wasted, and costs run up, on proceedings that have to be aborted and recommenced.

    So it's pretty much the same as criminal courts.

    To play devils advocate can the judge decline and carry on? Obviously there is an appeals process which would more than likely over turn any rulings but I'm just curious. Would make for interesting reading if they did


  • #5
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    lifeandtimes wrote: »
    So it's pretty much the same as criminal courts.

    To play devils advocate can the judge decline and carry on? Obviously there is an appeals process which would more than likely over turn any rulings but I'm just curious. Would make for interesting reading if they did

    A judge might decide not to recuse themselves and proceed to judgment.

    I would expect any decision(s) rendered to be subsequently nullified on the grounds of objective bias. See Kenny -v- Trinity College and anr. (2007) Link http://www.bailii.org/ie/cases/IESC/2007/S42.html

    However, as already pointed out, litigating parties could incur substantial legal costs and that would be most unfair.


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